Becker v. Van Valkenburgh
New York Supreme Court
APPEAL from a judgment entered on the report of a referee. The plaintiffs sued the defendants in trespass, for cutting and carrying off a quantity of timber from lot Ho. 14, in Butler and Clark’s patent, in the town of Fulton, in the county of Schoharie. The defendants answered, 1st, denying the allegations of the complaint; and 2d, averring title to the close or premises on which the alleged trespass was committed, in the defendant Jacob Yan Valkenburgh.
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APPEAL from a judgment entered on the report of a referee. The plaintiffs sued the defendants in trespass, for cutting and carrying off a quantity of timber from lot Ho. 14, in Butler and Clark’s patent, in the town of Fulton, in the county of Schoharie. The defendants answered, 1st, denying the allegations of the complaint; and 2d, averring title to the close or premises on which the alleged trespass was committed, in the defendant Jacob Yan Valkenburgh. It appeared, on the trial, that lot Ho. 14 was originally deeded by one William Zimmer to' William H. Becker, the father of two of the…
1Opinion of the Court
By the Court, Wright, J.
There is but a single point in this case,- vig. whether the evidence is sufficient to uphold the finding of the referee that the premises upon which the logs were cut were held adversely by one of the defendants at the time of the alleged trespass, The referee assumed that the plaintiffs had shown a proper title to lot No. 14, in what was known as the Butler or Clark patent, and that the line run by the surveyor, Becker, was the true western line of such patent. In his view, therefore, the defendants were trespassers, unless the proof established an adverse possession…
2Cited by14 opinions
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